0610011 Informal Interpretation

From: (redacted)

Sent: Monday, October 09, 2006 8:51 PM

To: Verne, B. Michael

Subject: 802.2(c) - Unproductive Property Exemption

Hi Mike,

A couple of informal opinions (https://www.ftc.gov/enforcement/premerger-notification-program/informal-interpretations/0603026 and https://www.ftc.gov/bc/hsrlinformal/opinions/9906010.htm) indicate that when determining whether parcels of real estate are contiguous for purposes of applying 802.2(c)(1), that property separated by a road will be treated as two separate parcels for purposes of the $5 million revenue test and the revenues of the two separate parcels need not be aggregated. Must the road be a government or public road or of any given size?